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The Uk Would Benefit from a Codified Constitution

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‘The UK would benefit greatly from the introduction of a fully codified constitution’ Discuss


Arguments against * Ruins the doctrine of sovereignty-Parliament sovereignty is effectively beaten. * Judges have to police the constitution and effectively interpreted. – Threat of judicial tyranny. Codified constitutions cannot be interpreted by the public so the judges would have to interpret it which could bring out preferences and values of senior judges * Un-necessary- doesn’t Philly limit governments * Hard to change * Easily outdated * Legal documents created at one point of time rather than a document which has been endorsed by history and created over time

Arguments for * Clear rules * One codified document * Limited government * Neutral interpretation * Protecting rights of individual liberty * Education value – highlight certain values and strengthen citizenship

The argument of a codified constitution has been a debated subject for a long time within the UK political spectrum. The argument stands at present moment that if the UK should or should not implement a codified constitution. Both sides of the argument withstand staggering evidence both in favour and factors denouncing the idea being drawn at the same time. The fact of a codified constitution would invoke a greater judicial intervention within the UK – maybe even put the state under risk of judicial tyranny. On codified constitution we have at the moment, have a scattered it maybe, is universally understood through statutes. It can be argued that a codified constitution would be in favour massively for the people of Great Britain. Some beneficial arguments would be that a codified constitution is a strong education/ citizenship simple which also cut the Parliamentary sovereignty away from the government equaling a proportional cut to size. In a sense, a codified constitution will narrow the chance of a tyranny via the minority, similar to Germany transition after the National socialist regime. This essay will describe the factors for and against codified constitutions.

1999 House of Lords act
When New Labour was returned to office in 1997, following 18 years in opposition, it came with a manifesto commitment to reform the House of Lords. The upper chamber had faced in the late 1990s, like the one it faced when last in government in the late 1970s, had an inbuilt Tory majority, with 471 Conservative peers to Labour’s 179. Many of these members were hereditary peers (over 750 of the 1,300 Lords). The party therefore had two good reasons for wanted to reform the Lord’s: first, because it was likely to present a significant obstacle to Labour’s radical agenda; and second, because the hereditary principle appeared indefensible as the country prepared for the 21st-century.

Why hasn’t the UK already got a codify constitution?
The introduction of a codified constitution has never occurred within British history simply because: there has been no need to do so within the lifespan of the country. Usually inductions of constitutions happen mainly after evolutionary events, which change the way that the country would be governed in the future. For instance, the tyrannical events of National socialists in Germany cause the codify constitution to be drafted after the end of the regime to suppress government in favour of liberation of the people. The sense of protection for the right of the people came into force as a positive about codified constitution. Pre-Fascist Germany there was not an ounce of protection of the people due to a use uncodified constitution and the subject of sovereignty was led at tyranny of the minority. Codified constitutions provide solutions for a safeguard against elective dictatorship.

Further pros of a codified constitution
Codified constitution is not only raise the threat of elective dictatorship by cutting sovereignty by the interpretation factor as well is a big plus for neutrality. The reality of codified constitution effectively will bring in senior judges into police it. Evidently, this point has been seen as a negative but in reality, the policing of judges furthermore upholds the provisions that the Constitution Is being run properly within public bodies. In this sense, they would be seen as above the Law—acting as typical arbitrators of the law to ensure policies of the Constitution being followed lawfully.

A fair amount of clear rules would be projected under a codified constitution. The effect of uncodified constitutions raises a very disorganized, statute-relied constituent, which is made up from several different sources. Often, it can be argued that the current constitution (which includes EU law and treaties) is unclear, uncollected and confusing. The beauties of a codified constitution and not only blind constitutional rules into a single document they will also clearly defined them into a single ‘written’ document. The educational factors not only are a high benefits water system but they also highlight the central values and overall goals of the political system. To have a codify constitution within the UK will not only strengthen political and national pride, like the US already has instated, but it also will bind citizenship within the UK. Political identity within the UK would be cleared in our modern day society.

Cons of a codified constitution
Some say the induction of a codified constitution for the UK at the moment is simply ‘unnecessary’. Many do mention this because in effect, it is not the best way limiting government. The strengths and checks of improving democracy with prevent an over powerful government more effective than a codified constitution.

The judiciary would police codified constitutions stated before. Effectively this would make some higher than the law if they were to be in charge of policing the Constitution. However, it is not right that the judiciary should be placed in a higher stance just because the Constitution includes hard legal terms. The judiciary when in fact to be the new threat to the people once Parliamentary sovereignty is killed. This would mean that codify constitution will be subject to in interpretation of judges – which is not even the accountability of the public as judges are unelected. There is not an ounce of legality within adjudges mandate to be the best ‘police force’ to control codify constitution – if they are unelected, they should hold no socially representative role within the Constitution. The fact of the matter is however; it would be significant disadvantage if there were to be a codified constitution because the unelected bulk of judges should be given higher rights and responsibilities equaling in a higher risk of judicial tyranny.

That also is a new way for a case of political bias within a codify constitution because usually, a codified constitution is inevitably written with specific values or principles (e.g. the USA have 27 amendments). These values principles for instance can invoke a preferred style of thinking in preference to others. For instance, maybe it is preferred to be written in a socialist mindset which obviously create a bias towards other political thinking – This can create more upset than good.

The fact of a codified constitution also deems a permanent document. This means it is really difficult to amend or update within the future. Obviously, within time, the political spectrum is can change – so do values. However, codified constitutions are very hard to amend or change. The reason an uncodified Constitution reign supreme is that sources such as statute law and EU overall, effectively apply constitutional changes in a quicker, easier stance – And it will always be updated. The main disadvantage is that within a diverse, ever-changing society, obviously values also change with that. There is a significant risk that if the UK were to adopt a form of codified constitution, the extrinsic sources would be scrapped for intrinsic sources from the document, which can be regarded as permanent. This will almost certainly fail to meet the standards of an ever-changing political spectrum.

Conclusively, the argument which is presented shows balanced sides of both positive and negative aspects of adopting a codified constitution. However, the final situation which can be gathered from this essay is that, there is not a need for one. The problems of a codified constitution would just complicate matters further with the police system by judges starting to interfere and even the likelihood of it not limiting governments But only just leading to confuse individuals typing to interpret a manner that is most appropriate.


Essentials of politics Andrew Heywood

UK government and politics Paul Fairclough

Student unit guide government and politics unit
2 unit/whatis/uk-constitution --------------------------------------------
[ 1 ]. Uk government and politics Paul Fairclough pg141
[ 2 ]. AS and A-level government and politics Through Diagrams pg78
[ 3 ]. student unit guide government and politics unit 2 pg73
[ 4 ].
[ 5 ].
[ 6 ]. Essentials of politics Andrew Heywood PG 165
[ 7 ].
[ 8 ]. student unit guide government and politics unit 2 pg68
[ 9 ].
[ 10 ].
[ 11 ]. Uk government and politics Paul Fairclough pg 152

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